Barack Obama: You Have “No Reasonable Expectation Of Privacy”

Posted by Newssleuth

by Liz Blaine  2010 February 12,  David Horowitz’s Newsreal

CNET was the first to report on prospective tracking of American citizens using cell phone technology, but this week Barack Obama becomes the Dark Knight himself, seizing the opportunity to spy on every American through unfettered access to their cell phone records, physical locations and internet use.

In the movie the Dark Knight, Batman uses cell phone technology to spy on the citizens of Gotham, following their every move in his quest to locate his nemesis. On Friday, the Obama administration will argue in federal court for the right, without a court-ordered warrant, to gain access to cellular provider records documenting the time and location American citizens place cell phone calls. I know you’re thinking, “But what about my Constitutional rights against search and seizure?” Those rights will no longer exist. The Obama administration is advocating that,

“Warrantless tracking is permitted because Americans enjoy no ‘reasonable expectation of privacy’ whereabouts. U.S. Department of Justice lawyers say that ‘a customer’s Fourth Amendment rights are not violated when the phone company reveals to the government its own records’ that show where a mobile device placed and received calls.

But cellular providers record more information than just when and where a call is placed. All cell phones “ping” the closest cell phone towers when not in use, alerting the tower it is within its transmission range, even when it’s turned off.  The only way to disconnect a cell phone’s ability to contact the towers is to remove its battery.

Despite the Obama administration’s assertion, I somehow doubt the signers of the Constitution would have agreed there is “no reasonable expectation of privacy.” The question then becomes, “Do customers have an expectation of privacy from cellular providers?” Because when the DOJ asks for ”records that show where a mobile device placed and received calls,” they receive all data collected by the towers, including your location when you walked down the street with your phone in your pocket.

With more than 89% of Americans using cellular phones and 82% with internet access, the court’s ruling has profound implications. Kevin Bankston, attorney for civil liberties group Electronic Frontier Foundation, explains,

“This is a critical question for privacy in the 21st century. If the courts do side with the government, that means that everywhere we go, in the real world and online, will be an open book to the government unprotected by the Fourth Amendment.”

Imagine the possibilities if a targeted person possesses a cell phone. His movement can be tracked, logged and searched without the commission of a crime, and without knowledge by the courts. The screams of the Left roared for eight years about Patriot Act violation of citizen privacy and freedom, as they declared President Bush was,

“Seizing dictatorial control”

Why are they silent now when one of their own not only extends the Patriot Act, but directs his Department of Justice to seek legal authority to track citizen activities and their whereabouts through cell phone records?

The ability to observe or trace a citizen’s activities without consent or a court-ordered warrant violates their rights and limits their freedoms. According to Bankston a more ominous threat exists should the court rule in the Obama administration’s favor,

“The government is arguing that based on precedents from the 1970s, any record held by a third party about us, no matter how invasively collected, is not protected by the Fourth Amendment.”

Obama taught constitutional law and is well aware this is a fictitious interpretation of the Constitution. But like Batman in the Dark Knight, will he use cellular technology to track his nemeses? For an administration who labels conservatives as potential terrorists and systematically attacks their opponents, the potential for abuse abounds. And should the administration win, will they use this case as a precedent to dismantle our Constitutional freedoms and, eventually, our Republic?

http://www.newsrealblog.com/2010/02/12/barack-obama-you-have-no-reasonable-expectation-of-privacy/

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70 responses to “Barack Obama: You Have “No Reasonable Expectation Of Privacy”

  1. So they aren’t tracking Muslim terrorists…they are tracking right wing extremists now or want to? What is the purpose for this legislation? I didn’t have a problem with the Patriot Act because it was supposed to track international conversations between suspected terrorists. Show me the reasoning here..why do they have to know where we are..is this for locating criminals…real criminals? I’d like to know who is capturing Barry’s telephone calls on that Blackberry. If they aren’t. why not? I would think there would be wealth of information there.

    More intrusion into our lives, after they get the census information, add phone records, and tell us what foods to eat and cars to drive, GPS our homes, chip us, confiscate our babies DNA, tell us what propaganda to read, pass controlling “help” health care, and dictate how history is recording by deleting it, screwing around with kid’s education, and deciding who should live or die, What could possibly be next?

    I guess this isn’t a trial balloon if it is already going to court..but what court and what judge will be presiding…perhaps a liberal judge who thinks little of the constitution and thinks it is flawed and outdated? Slime, pure slime.

  2. I just realized the word dial as in make a phone call is obsolete.

    oops

  3. Annenberg Fact Check on Professor of Constitutional Law.

    http://www.factcheck.org/askfactcheck/was_barack_obama_really_a_constitutional_law.html

    ok, that solves that! ROFLMAO

  4. Check out the Surrick Brothers from Media PA

    One is a judge; the other is an author.

    Oh brother.

    Judge Richard Barclay Surrick

    Robert B. Surrick

    Reminds me of Cain and Abel and all the other younger brothers who took the first born’s birthright.

  5. ” Americans enjoy no ‘reasonable expectation of privacy’ whereabouts.”

    Hmm. Let’s see. According to the above statement, Obama needs to release copies of his BC, his school records, his passport, etc because, as a so-called American, he has no ‘reasonable expectation of privacy’. ‘Nuff said.

  6. Me too.

  7. This is part of an email I received today from Matthew Staver with Liberty Counsel. He’s making a stand and has a huge staff to combat these attacks from organizations and all those in DC seeking to destroy our freedoms/rights. Even if you are not a Christian, we must all stand together as one to keep these most precious rights we have enjoyed that were not given to us for free; many have already paid a very large price, with their very own life! Go to http://www.lc.org and help if you can!!!
    ~~~~~~~

    Rex Harris, the mayor of Lancaster, California, recently told a group of Christian ministers, “We are growing a Christian community — and don’t let anybody shy away from that.”

    Little did Mayor Harris know that his words would be tested almost immediately!

    First, the Council on American-Islamic Relations (CAIR) filed a federal civil rights complaint alleging that the mayor had violated the civil rights of all non-Christians in his message.

    CAIR, which has been investigated for providing funds that promoted terrorism, further contends that the Mayor used his official capacity to “promote religion.”

    But it gets worse…

    Despite a sincere formal apology by the Mayor, the Antelope Valley Human Relations Task Force has launched an additional investigation. They say that they have the authority to deem an incident like this one a “hate crime” or “hate incident,” which is now a federal crime!

    ++It’s “Open Season” on Christians

    We cautioned months ago that the passage of a “Hate Crimes” bill would be the launching pad to overt censorship and even the criminalization of innocent public expressions of Christian faith.

    That is exactly what is happening to Mayor Harris! And this unfolding incident in California is just the beginning…

    Liberty Counsel is monitoring similar cases across the nation, and we anticipate that attacks against Christians will intensify in the days and weeks ahead.

    Already, we are hearing of legal battles taking place in Michigan, Maryland, and other states.

    They (the takers of freedom) have only just begun !!

  8. HERE ARE YOUR INSTRUCTIONS:

  9. OBAMA THANKS YOU

  10. oh, look! There’s Emerald City!

  11. Health IT will it include your phone records?

    http://www.hhs.gov/news/press/2010pres/02/20100212a.html

  12. Why is everyone so quick to jump on the privacy bandwagon? Maybe cell phone tracking isn’t really that bad… and its legal for the private contracts you make with your cell company…. this just entails the government getting a warrant for tracking data.

    Oh also, the case started before Obama’s Term as a proxy for the war on drugs…

    • Obama is having a blast revising old Executive Orders these days, isn’t he, Michael?

      I am so thrilled that google can take a barrel camera and peek right into your window whilst you type away. Cool.

  13. You surely know that if the government’s legal premise holds you could be tracked all the time with no search warrant.

    • Tracked by law enforcement.

      Kind of like those search warrant approved phone taps that migrated from the tapped phones to all the phones that called them.

  14. And let’s not forget about those FEMA camps that have been around forever. Barky would just love to have a reason to start using them.

    Bill Ayres will be the Warden, no doubt.

  15. Sleuth, Renee: Check this one out !!! Another slimey example of the bad guys in uniform that causes so much distrust of the good guys! Check out the comments on this story also. I’m going to check to find that Supreme Court that cites “the police are under NO obligation to protect or serve the public.” Our world really is upside down and swirling by the hand of the “Evil One”..aka Satan.
    ~~~~~~~
    ‘Police Officer Jokes About Gunning Down Proponents of Second Amendment’

    It’s being reported that a police officer from East Palo Alto joked about gunning down proponents of the second amendment on Facebook. The article in today’s Mercury News tells of the police officer in question joking about shooting someone as “2 weeks off”.

    After several more comments in the thread, Tuason apparently joked that officers should shoot the advocates, who have made recent headlines throughout the Bay Area for sipping coffee at cafes and performing other everyday acts with visible weapons.

    “Sounds like you had someone practicing their 2nd amendment rights last night!” Tuason wrote. “Should’ve pulled the AR out and prone them all out! And if one of them makes a furtive movement … 2 weeks off!!!”

    http://www.americanthinker.com/blog/2010/02/officver_jokes_on_facebook_abo.html

  16. Bridge
    Did the Moores connect for you?
    I’m sure there is more info out there.

  17. Renee
    I looked and couldn’t find the gaither – bishop connection. Where did you find it?

    • AOne, Geneology. Posted online. Lets see if I took notes.
      I have a scratchpad with the following bits.You
      can follow from there.
      Bishop. Willis J.Bishop and Mary Roach. New Orleans 1821-1855.Maybe marr.1855 or so to 68.Willis: b. 1812 Va. d.2Mar1868. In later years was a partner of Adam Thompson in the sugar refining co of A. Thompson and Co. No children.
      Mary had a sister Anna Kerr.

      Lowell S.Hardin-not sure of this part.
      Then I have:
      Barney Bishop/Sarah M.Evans Pickney Bishop who is Laban P. Pickney Bishop’s father.
      Then the same read says too :
      Black, Mary Elizabeth Gaither.

      I have not had time to dig the connections, but they are all in there. I think that the Evans may be the Owen Sausage family as I keep getting those names too.
      Pigs and cows again. Armour, Owen, Evans.
      Thompson was the name of the man that gave his house in the Bahamas for Anna Nicole Smith to live in too. His son’s nm Ford Shelly or something ? Clementine Hunter the black artist in Louisiana worked for her plantation owner Mr.Thompson too.
      Hummm….Sam Bishop. Samuel Soloman Bishop. This all connects AOne. I need to work on this more. Can you help ?

      • AOne, See also :

        David Paora Bishop
        Christine Amori Bishop
        Sam Solomon Bishop
        Toni James Bishop

        Betsy Hyacinth Swinton

        New Zealand

        Katherine (Kitty) G. Paretino Swinton
        James Henry Allen
        Hariata Swinton
        Otaki Swinton 1920 b.
        Allan Chisholm Swinton 1896 Jan 17.marr.1917 New Zealand

        Paul Oliver Swinton b.1900 1-30
        New Zealand

        Peter Selwyn Swinton
        b.1901 4-25

        George Wingara Swinton b. 1902 5-18

        Kathleen Margaret Swinton b. 1903 8-3.Marr.1929 to Matekoraha Eruera.

        Alot of New Zealand. Swinton. Is the same name as Swensens Ice Cream Parlors ?

        I am not sure AOne.

  18. A little off topic, but still….

    For too long we have been complacent about the workings of Congress. Many citizens had no idea that

    (1) Congress members could retire with the same pay after only one term;

    (2) that they didn’t pay into Social Security; and

    (3) that they specifically exempted themselves from many of the laws they have passed (such as being exempt from fear of prosecution for sexual harassment.

    Congress’s latest game is to exempt themselves from the Healthcare Reform Bill that is being considered. Somehow, this doesn’t seem logical. We do not have an elite that is above the law.

    I truly don’t care if members of Congress are Democrat, Republican, independent, liberal, conservative, progressive or whatever. The self-serving must stop. The below listed proposed 28th Amendment to the U.S. Constitution would do that. This is an idea whose time has come.

    Proposed 28th Amendment to the United States Constitution:

    “Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators and Representatives; and Congress shall make no law that applies to the Senators and Representatives that does not apply equally to the citizens of the United States .

    This is fair, to the point and non-partisan. Who could be against it? Congress, that’s who.

    Spread the word and pass this information on.

  19. This is only a small part of the article that tells mucho info on O’s “adviser”!!!!
    ~~~~~~~

    FrontPageMagazine (March 17, 2009) reports, “The most notable of [Obama’s] spiritual advisors today is his friend of many years, Rev. Jim Wallis.” Rev. Wallis admits that he and Obama have “been talking faith and politics for a long time.” He was picked by Obama to draft the faith-based policies of his campaign at the Democratic National Convention in Denver, Colorado in 2008. Why should this alarm us?

    First, Jim Wallis has had relationships with the communist Committee in Solidarity with the People of El Salvador (CISPES).

    Second, his “Witness for Peace” was an attempt to defend the Nicaraguan Sandinistas! Wallis, together with the Rev. Jeremiah Wright (Obama’s former pastor of 20 years) “rallied support for the communist Nicaraguan regime and protested actions by the United States which supported the anti-communist Contra rebels” (Family World News, February 2009, p. 7).

    Third, Wallis and his Sojourners community of fellow-travelers believe Fidel Castro’s Cuba, Hugo Chavez’s Venezuela, Daniel Ortega’s Nicaragua, and the other revolutionary forces “restructuring socialist societies” are the Communist paradises the United States needs to emulate in order to establish “social justice.” Writing in the November 1983 issue of Sojourners, Jacob Laksin notes, “Jim Wallis and Jim Rice drafted what would become the charter of leftist activists committed to the proliferation of Communist revolutions in Central America” (Laksin, “Sojourners: History, Activities and Agendas” in Discoverthenetworks.org., 2005).

    The ugly truth is Wallis wishes to see the destruction of the United States as a nation and in its place “a radical nonconformist community” patterned after the progressive, socialist commune he established in Washington, D.C., in 1971 (Laksin, Ibid.).

    “The Sojourners community,” says Laksin, “actively embraced ‘liberation theology,’ rallying to the cause of communist regimes that had seized power with the promise of bringing about a revolutionary restructuring of society.” Clark Pinnock, a disaffected former member of Sojourners, said that the community’s members were “100 percent in favor of the Nicaraguan [communist] revolution” (Laksin, Ibid.).

    All this revolutionary activity in spite of the fact that today’s Cuba, for example, has to import 84 percent of its food supply due to the socialistic mess of the agricultural system (150,000 oxen till the ground because tractors represent capitalism). However, in a move that looks more like capitalism than Marxism’s state farms, “Raul Castro is moving to boost food production by putting more land under the control of private farmers” (The Weekly Standard, March 23, 2009, p. 13).

    It appears that Raul Castro is learning what America’s early pilgrims learned back in the 1620s! William Bradford noted in his History of Plymouth Plantation that once he canceled the pilgrims’ socialistic experiment and provided each settler with a piece of property to till, starvation was averted. We can hope and pray that Raul Castro continues to implement more capitalistic policies and will learn firsthand the economic system that has brought more people out of poverty than any other in the history of the world. (See Rodney Stark, The Victory of Reason.)

    Of course, Rev. Wallis should have learned the lessons of Plymouth Plantation early in his education, but may not have because our Secular Humanistic K-12 curricula deletes most of the history of the pilgrims and the Mayflower Compact in an attempt to avoid acknowledging its “advancement of Christianity.” (Sadly, one first grade textbook that does include the pilgrims has them “praying to the Indians.”)

    For years, Wallis has been in the forefront of the “evangelical” left and has been fêted at numerous evangelical colleges and seminaries. That seems to be the “in” thing right now! His publication Sojourners is piled high on these campuses for the reading pleasure of the naïve and foolish.

    Unbeknown to these colleges and seminaries is Wallis’ Red background. He was the president of the radical Students for a Democratic Society (SDS) while at Michigan State University.

    Much, much more info here:

    http://www.worldviewtimes.com/article.php/articleid-4767/Brannon-Howse/David-Noebel

    God Bless the USA and Israel

    • Just a few tid-bits about some of the folks “associated in some way” with Rev. Wallis.

      Brian McLaren – Soj. Mag. Board of Directors; called God “a chick”, denies Hell exists.

      Bart Campolo – Member of Progressive Christian community; believes “God is currently NOT in control”.

      Richard Barnet – From 1969 member CFR; 1961 aide to John McCloy-State Dept.

      Daniel Berrigan – “Plowshares Movement”; Daniel and his brother were at one time on FBI 10 Most Wanted Fugitives for vandalism and destruction of govt. property by damaging nuke warhead nose cones and pouring blood on docs. and files.

      Rosemary Ruether – Pioneer in liberation theology espec. Palestine & Latin America; and also signed the 2004 9/11 Truth Statement.

    • Good read Peach. Is the name Wallis and Willis from the same name in Soundex ? Anyone know ?

  20. Parents: Watch what your children bring home!!! I LOVE Supreme Court Justice Antonin Scalia..wish I could send him a giant basket of fruit and candy for this statement….”Technology, or no, Supreme Court precedents draw “a firm line at the entrance to the house”.
    ~~~~~~~

    PHILADELPHIA – A suburban Philadelphia school district used the webcams in school-issued laptops to spy on students at home, potentially catching them and their families in compromising situations, a family claims in a federal lawsuit.

    Lower Merion School District officials said the laptops “contain a security feature intended to track lost, stolen and missing laptops,” and that the feature was deactivated Thursday. Angry students had already responded by putting tape on their laptop cameras and microphones.

    Sophomore Tom Halpern described students as “pretty disgusted,” and noted that his class recently read “1984,” the George Orwell classic that coined the term “Big Brother.”

    “This is just bogus,” said Halpern, 15, of Wynnewood, as he left Harriton High School on Thursday with his taped-up computer. “I just think it’s really despicable that they have the ability to just watch me all the time.”

    The school district can activate the webcams without students’ knowledge or permission, the suit said. Plaintiffs Michael and Holly Robbins suspect the cameras captured students and family members as they undressed and in other embarrassing situations, according to the suit.

    Such actions would amount to potentially illegal electronic wiretapping, said Witold J. Walczak, legal director of the American Civil Liberties Union of Pennsylvania, which is not involved in the case.

    “School officials cannot, any more than police, enter into the home either electronically or physically without an invitation or a warrant,” Walczak said.

    A school district statement released late Thursday said the tracking feature would not be reactivated “without express written notification to all students and families.”

    “We can categorically state that we are and have always been committed to protecting the privacy of our students,” said the spokesman, Doug Young.

    The affluent district prides itself on its technology initiatives, which include giving Apple laptops to each of the approximately 2,300 students at its two high schools.

    “It is no accident that we arrived ahead of the curve; in Lower Merion, our responsibility is to lead,” Superintendent Christopher W. McGinley wrote on the district Web site. McGinley did not immediately return messages left Thursday by The Associated Press.

    The Robbinses said they learned of the alleged webcam images when Lindy Matsko, an assistant principal at Harriton High School, told their son Blake that school officials thought he had engaged in improper behavior at home. The behavior was not specified in the suit.

    “(Matsko) cited as evidence a photograph from the webcam embedded in minor plaintiff’s personal laptop issued by the school district,” the suit states. The behavior was not specified in the suit, which did not make clear whether the family had seen any photographs captured by school officials.

    Matsko later confirmed to Michael Robbins that the school had the ability to activate the webcams remotely, according to the suit, which was filed Tuesday and which seeks class-action status.

    The Robbinses declined to speak with an Associated Press reporter at their home Thursday. Their lawyer, Mark S. Haltzman, did not return messages.

    The U.S. Supreme Court reaffirmed the privacy of the home when it ruled in 2001 that police could not, without a warrant, use thermal imaging equipment outside a home to see if heat lamps were being used inside to grow marijuana. Technology or no, Supreme Court precedents draw “a firm line at the entrance to the house,” Justice Antonin Scalia wrote, quoting an earlier case.

    “This isn’t just them spying on the kids, this is them intruding on the parents’ home. Who knows what they are seeing?” Walczak said. “The courts for 80 years have said there’s no greater sanctuary than a person’s own home.”

    The lawsuit’s allegations raise new concerns about school-issued laptops, said an Electronic Freedom Foundation lawyer.

    “I’ve never heard of anything this egregious,” said Kevin Bankston, a senior staff attorney at the San Francisco-based group. “Nobody would have imagined that schools would peer into students private homes and even bedrooms without any kind of justification.

    Students like Halpern say they mostly keep their computers in their bedrooms — and rarely turn them off.

    “School ends at the end of the school property, so they shouldn’t really be in our business at home,” Halpern said.
    ___
    Associated Press writer Patrick Walters in Bryn Mawr, Pa., contributed to this report.

    Link:
    http://news.yahoo.com/s/ap/us_laptops_spying_on_students

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